From left to right: Watervliet City Councilwoman Ellen R. Fogarty, Mayor Michael P. Manning, and Councilman Nicholas W. Foglia approve an ordinance to rezone the former St. Patrick's Church property during the City Council Meeting held at the Watervliet Senior Center Tuesday night. (J.S.Carras/The Record)

WATERVLIET - An early step in the process that may end with the toppling of a Watervliet icon occurred with an unanimous vote by the City Council Tuesday night to rezone a 3.5-acre property on which rises a massive Neo-Gothic edifice--the Church of Saint Patrick.

Modeled on the Upper Basilica in Lourdes, France, the 122-year-old church at 515 19th St. has been at the center of a controversy that has pitted the city council, looking to rezone the property for commercial use, along with some residents; against others looking to save the church from destruction.

In September of 2009, the Roman Catholic Diocese of Albany chose to close the church due to its deteriorating physical condition. The decision folded the parish, along with five others in Green Island and Watervliet, into the Immaculate Heart of Mary Parish, and preceded a move to shutter over 30 churches in the region--part of a long trend resulting from declining attendance.

A month later, a developer, now known to be the Nigro Companies, entered into an agreement with the Diocese to purchase the property, which comprises the 137-foot tall church, a rectory, a school. They plan to construct a 40,200 square foot supermarket, to be the home of a new Price Chopper, along with the landscaping and parking. The company has also worked to acquire six adjacent residences that would be demolished to make way for the construction.

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In order to move forward with that plan Nigro needed the city to zone the property for commercial construction, and approached them with that intent in March of 2012. The council then put the issue forth to residents, followed by eight months of vocal city council meetings and much spilt ink.

"This project has undergone numerous public reviews, and we've had dozens of meetings on this single issue in an effort to give everyone who's interested a chance to comment," Mayor Michael P. Manning explained.

Some residents have voiced concern about losing the old church; while other concerns centered on detrimental effects accompanying the new construction.

The largest church in the city, Saint Patrick's 137-foot spire has dominated the Watervliet landscape since its construction finished in 1891, and can be seen by drivers along Interstate 787. The building is covered in 56 stained glass windows, including some by notable glassmakers Mayer of Munich and James Powell and Son of Whitefriars, London.

Apart from the aesthetic and historical value of the church, also of concern were a lack of green space, and "increased truck traffic, ambient noise, odors, and increased transient traffic from other areas and traffic on 19th Street," that would be caused by the new construction, explained Christine Bulmer, a spokesperson for Citizens for Saint Patrick's. The group purports to represent 40 percent of the residents in the neighborhood around the church.

Some of those concerns were addressed in changes to the site plan, including the additional of screening walls, adding turning lanes, increased greenspace, and a redesign of the entrance to allow truck access from 19th Street instead of 23rd.

While halting the rezoning is now off the table, the next step for the Citizens for Saint Patrick's is legal action, which is very much on the table.

"We have some expert legal advice from a couple of different sources," Bulmer said. "We're going to review the process as it has transpired to this point."

Among other allegations, the group claims the city council had "no lawful reason" to hold the meeting Tuesday on shortened notice; and that the applicant does not have control of all the property for which it is proposing a rezoning.

There have been repeated calls by residents and others to save the church, or find another use for it; but the city council said they cannot be the entity to do so.

"The city does not have the ability or resources to purchase, rehab, or invest in the property, now or in the near future," explained Councilman Nicholas W. Foglia, shortly before approving the rezoning.

The diocese has estimated it would cost four to five million dollars to rehabilitate the building, funds the council does not have, and a building the diocese does not need.

"It's excess property," said L. Edward Deimeke, pastor of the Immaculate Heart of Mary. He noted it cost the parish $5,000 a month just to heat for a few hours once a week in the colder months, and that it costs tens of thousands to insure each year.

If the sale goes through as expected, the funds will go, in part, to covering a diocese debt.

"The burden to save these old churches should not fall to local governments alone," said the mayor. He explained that the city put out a call for interested parties to come forth to save the church, with Price Chopper agreeing to step aside if someone did so--but that call was never answered.

Manning claimed "the majority of the residents" he had spoken to want to "look forward to the future."

A major factor in the council's vote was the city's long term goals to turn 19th Street into a commercial district.